If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Can Mrs T change locks?

19-08-2017, 07:32 AM

Mr and Mrs T are splitting up. Mrs T is looking for a new place before giving notice to LL. Mrs T is going to give notice to LL then move immediately to new place. Mr T has mental health issues and verbally intimidates and bullies Mrs T so she needs to get out before he can start on her.

As it is a joint tenancy, the notice given by Mrs T is notice for both Mr and Mrs T.

Mr T will find it difficult imo, to get a new place as he only works part time. This might mean that he won't move out before the end of the notice and therefore both will be liable for paying double the rent. Mrs T will find it impossible to pay two or three lots of rent.

If Mr T doesn't move out, can Mrs T change the locks at the end of the notice period, so he can't get in and live there, and give the new keys to the landlord to end the tenancy?

Comment

Any hint, sniff, suggestion, mention on an internet forum that you might be involved in the illegal eviction of Mr T might be expensive, with possible **free** holiday at her maj's expense....

IMHO Mrs T should rapidly give valid notice when she is 100% certain of moving out, in writing, confirmed back by you to both, in writing.

The difficulty of course is after her (valid) notice expires the tenancy ends. So (in theory) no more s21, s8. But in your shoes I would TODAY serve s21 & s8 (and valid grounds) on "the tenant" (both) and after she's gone, if he's still there, an NTQ on "the tenant" (both).

Hopefully it all gets sorted amicably: Poor Mrs T, nobody needs this from anyone, any gender.

Comment

I'm not the landlord in this instance. Sorry, I should have made that clear.

Mrs T is concerned that if Mr T remains in the property after the notice period ends she will be responsible for all the ££££ that this will cost, so if Mrs T changes the locks can this bee seen as ending the tenancy (even if Mr T has possessions in there)?

Comment

If one joint tenant changes the locks and excludes the other, that's nothing to do with the landlord and the tenancy doesn't end or change in any way.
Until the tenancy ends, both of the tenants are liable for everything the tenancy agreement says that they are.

The tenants need to sort themselves out, and you can then do the paperwork to support whatever it is they have decided.

When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

Comment

Mrs and Mrs T aren't my tenants. Mrs T wants to end the tenancy but Mr T can't afford to take on the tenancy on his own. Mrs T doesn't want to pay the rent if he doesn't leave and she doesn't think he's going to leave.

If Mrs T changes the locks so Mr T can't get in, then gives the keys to the LL does this end the tenancy? A bit sneaky, I know.

Any other suggestions?

Comment

If the tenant gives notice, the tenancy ends when it expires.
If Mrs T changes the locks she'll also need to remove all of Mr T's belongings to give vacant possession.
And there's little to prevent Mr T from gaining access by force or stealth (locks are only so effective, but people think of them as magic barriers).

The tenant can do things the landlord can't, but if the landlord works with Mrs T to exclude Mr T, they're flirting with illegal eviction.

It would be more sensible (for the landlord anyway) to let Mrs T change the locks now, to exclude Mr T while the tenancy continues.
The landlord just has to make it clear that that would be OK, not encourage the behaviour in any way.

That makes getting rid of Mr T the tenant's problem, not the landlord's.

When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

Comment

Thanks jp. If Mrs T changed the locks now and excluded Mr T he'd throw a wobbler and would probably be howling at the front door all night. I don;'t think there's an easy way out of this. Easy and cheap, I should say.

Comment

Latest Activity

I'd welcome your advice, I'm in the process of renting out a property and have been disappointed in the lack of interest from potential tenants, However, I've been approached by an EU National new to the UK ( 6 weeks ) and keen to rent the house. He is awaiting the arrival...

I'm hoping those of you with much more experience could help me out. I've been reviewing the way in which i manage my tenancy's and im thinking of no longer taking deposits and instead just bringing rent up to market value. Obviously there is both pros and cons to this idea...

Best strategy for keeping voids down and tenants staying longer is to charge the right rent and keep things in a decent state of repair.
Or allow pets and/or prioritise tenants with school age children.

Thank you both for your responses, so i would be able to offer both options when showing around prospective tenants? The reason for below market rate is to lower void periods and keep good tenants in situ for longer or at least i like to think thats how it works....